She Didn’t Consult, He’s Not Obligated – Page v. Baylard

In Page v. Baylard, the Supreme Court of Georgia has reversed the ruling of a Cobb County Superior Court. Justice Hugh P. Thompson wrote the majority opinion; Justice Melton dissented, and Justice Hines did not participate.

The Court found that Wife filed a contempt action because her former husband refused to reimburse her for certain “health service expenses” incurred by the minor child, for which husband was obligated under the final decree. The trial court entered judgment in wife’s favor and ordered husband to reimburse her $23,375, representing his share of the cost of “treatment” for the child at a long-term residential preparatory school, plus $6,040.11 in attorney fees .

In reversing the court below, the Supreme Court noted that the parties’ settlement “agreement clearly specifies that husband is to be consulted before a major medical expenditure is to be incurred,” and that “Wife acknowledges that she did not consult husband in the months that she was compiling information about residential facilities, or at any time prior to the child’s enrollment at” preparatory school. As a result, the Court has ruled that Wife’s failure to consult Husband “prevents [her] from enforcing any right of reimbursement for expenses paid to the school on behalf of the child.”